Are electronically notarized documents valid?

Yes in most jurisdictions when requirements are met: ESIGN (15 U.S.C. ch. 96) and state UETA/ESRA frameworks recognize e-signatures; RON requires compliance with state notary laws including identity proofing and any mandated audio‑video recording.

What identity verification is sufficient?

Acceptable methods include government-issued ID inspection, credential analysis, or knowledge-based authentication where allowed. State notary rules determine minimum standards; RON commonly requires multi-factor authentication and credential vendors.

Can I use RON across state lines?

Interstate validity depends on the receiving jurisdiction and applicable law. ESIGN governs interstate electronic commerce, but states differ on accepting out-of-state RON; verify the recipient state's rules before relying on RON-only notarization.

What if the signer's name doesn't match ID?

A name mismatch can cause a notary to refuse or render the notarization voidable. Resolve discrepancies before the session by updating identification or adding an affidavit explaining aliases or recent name changes.

Who stores the RON recording and for how long?

Retention responsibilities should be stated in the agreement. Many states require 5–10 years of retention for audio-video RON recordings; check the state notary statute for the specific retention period.

When should I consult counsel?

Consult an attorney for cross-jurisdictional notarizations, estate or will matters (often excluded), complex real estate closings, or when statutory exceptions to e-signature validity may apply.

Electronic Signature
Templates
Legal
Notarization Agreement

Notarization Agreement

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NOTARIZATION AGREEMENT

This Notarization Agreement ("Agreement") is entered into as of Effective Date: by and between Client Name: (the "Client"), and Notary Name: (the "Notary"). The Client and the Notary are each a "Party" and collectively the "Parties."

RECITALS

WHEREAS, the Client requires notarial acts, acknowledgments, oaths, verifications and other notarial services with respect to certain document(s) and instrument(s) described as:

WHEREAS, the Notary is duly commissioned, authorized and qualified to perform notarial acts in the State of , and maintains a notary journal and other records in the ordinary course of business; and

WHEREAS, the Parties desire to set forth the terms under which the Notary will perform notarial services for the Client and allocate responsibilities, fees and liabilities.

NOW, THEREFORE, in consideration of the mutual covenants set forth below, the Parties agree as follows:

1. DEFINITIONS

1.1 "Notarial Services" means the performance of acknowledgments, jurats, oaths, verifications, certified copies, electronic notarizations and any other acts the Notary is authorized to perform under applicable law in connection with the Documents.

2. ENGAGEMENT; SCOPE OF SERVICES

2.1 Engagement. The Client hereby engages the Notary, and the Notary accepts such engagement, to perform Notarial Services for the Documents described above and any ancillary documents reasonably necessary to effectuate the intended transaction.

2.2 Scope and Limitations. The Notary's obligations are limited to performing notarial acts required by law. The Notary shall not provide legal advice, draft transaction documents, give opinions as to legal effect or validity, or certify the sufficiency or adequacy of the Documents. The Notary may decline to perform any notarial act if the Notary reasonably believes compliance with law, ethical obligations or proper identification procedures cannot be satisfied.

3. CLIENT REPRESENTATIONS AND UNDERTAKINGS

3.1 Capacity and Authority. The Client represents and warrants that it has full power, authority and capacity to request the Notarial Services and to execute and deliver the Documents and that any signatory presented for notarization has full authority to execute the relevant instrument.

3.2 Identity and Originals. Prior to the Notary performing any notarial act, the Client shall present original, government-issued identification acceptable under applicable law. The Client shall provide original documents or certified copies as required. Client shall not request notarization of documents containing blanks or documents altered after notarization without disclosure to the Notary.

4. FEES AND PAYMENT

4.1 Fees. The Client shall pay the Notary fees in the amount of $ per notarial act, together with any travel, courier or administrative charges described below or agreed in writing.

4.2 Payment Terms. Payment is due upon completion of the notarial act unless otherwise agreed in writing. Overdue amounts shall accrue interest at the lesser of 1.5% per month or the maximum rate allowed by law.

5. RECORDS; RETENTION

5.1 Notary Journal. The Notary shall maintain a journal or record of notarial acts in accordance with applicable law and shall note the date, type of act, name of signer, type of identification presented, document description, fee charged and any other legally required information.

5.2 Retention Period. Notary shall retain records for a period of from the date of the notarial act, unless a longer period is required by law.

6. CONFIDENTIALITY

Each Party shall maintain in confidence and shall not disclose to third parties any nonpublic information obtained in connection with this Agreement, except where disclosure is required by law, court order, or necessary to perform the Notarial Services. Notary's recordkeeping required by statute is not a breach of this confidentiality covenant.

7. INDEMNIFICATION; LIMITATION OF LIABILITY

7.1 Indemnification. The Client shall indemnify, defend and hold harmless the Notary from and against any and all claims, liabilities, losses, damages, costs and expenses (including reasonable attorneys' fees) arising out of or resulting from Client's misrepresentations, failure to provide required identification, requests to notarize improper documents, or Client's breach of this Agreement.

7.2 Limitation of Liability. Except for willful misconduct or gross negligence, the Notary's liability for any claim arising out of this Agreement shall be limited to direct damages not to exceed the aggregate fees actually paid by the Client to the Notary under this Agreement. In no event shall either Party be liable for indirect, incidental, punitive or consequential damages.

8. COMPLIANCE WITH LAW; ETHICS

8.1 The Notary shall perform notarial acts in strict compliance with all applicable statutes, regulations and ethical rules governing notaries public in the jurisdiction where the notarial act occurs. The Notary may refuse requests that would cause the Notary to violate applicable law or professional obligations.

8.2 Venue. The notarial acts contemplated by this Agreement shall be performed in the County of , State of .

9. NOTICES

Client Address for Notice Notary Address for Notice

Notices shall be in writing and shall be deemed given upon delivery if delivered personally, three (3) days after deposit in certified or registered mail, return receipt requested, or one (1) business day after deposit with a nationally recognized overnight courier, sent to the addresses set forth above or to such other address as a Party may designate in writing.

10. AMENDMENTS; WAIVER

No amendment or modification of this Agreement shall be effective unless in writing and signed by both Parties. No waiver of any breach shall be deemed a waiver of any other or subsequent breach.

11. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of , without regard to conflict of laws principles.

12. ENTIRE AGREEMENT; SEVERABILITY

This Agreement contains the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, oral or written. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

13. COUNTERPARTS; ELECTRONIC SIGNATURES

This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. Signatures transmitted by facsimile, electronic image or other electronic means shall be binding as originals to the extent permitted by applicable law.

14. NOTARIAL CERTIFICATE

The Notary shall provide a notarial certificate for each document as required by law. The Parties acknowledge that the form and content of any notarial certificate shall conform to statutory requirements in the jurisdiction where the notarial act is performed.

Notarial Certificate Details (to be completed by Notary) Identification Presented Notary Commission Number Notary Commission Expiration

ADDITIONAL PROVISIONS

The Parties acknowledge that if any third party relies on a notarial act performed under this Agreement, such reliance shall be limited to the accuracy of the Notary's official act as recorded in the Notary's journal and the Notary's certification on the face of the document.

Special Instructions or Limitations

Client:

By:

Date:

Notary:

By:

Date:

What a Notarization Agreement Covers

A Notarization Agreement documents the parties' understanding about having signatures notarized and sets terms for identity verification, notary acknowledgements, fees, and record retention. It can specify whether notarizations occur in person or via Remote Online Notarization (RON), define authentication methods, allocate costs, and require retention of the notary journal or audio‑video recording. For interstate electronic transactions, electronic notarization provisions interact with federal and state e-signature laws such as the ESIGN Act (15 U.S.C. ch. 96) and state UETA or ESRA frameworks; parties should confirm state notary rules before relying on remote notarization.

Why include a Notarization Agreement

A clear Notarization Agreement reduces disputes about signer identity, method of notarization, cost allocation, and recordkeeping. It helps ensure notarization meets state requirements and preserves evidentiary weight in later enforcement or probate proceedings.

Who typically completes a Notarization Agreement

Parties who need reliable, verifiable signatures or who will rely on notarized records commonly use this agreement.

Lenders and real estate professionals who require notarized deeds, mortgages, and closing documents to meet title and recording rules.
Healthcare providers or administrators arranging notarized patient authorizations and HIPAA-required acknowledgements for record release.
Businesses and legal departments coordinating powers of attorney, affidavits, or interstate contract notarizations with remote signers.

Use the agreement to document process choices (in-person vs RON), authentication levels, fee responsibilities, and retention obligations before any signature event.

Roles and responsibilities

Notary Public

An authorized officer who confirms identity, witnesses signatures, and completes an official acknowledgement or jurat. The notary records the act in a journal and, for RON, may retain audio-video recordings and credential analysis per state rules.

Signing Party

The individual or entity whose signature is notarized. The signer must provide required ID, consent to electronic processes when applicable, and follow authentication steps defined in the agreement; mismatched names or missing IDs can void notarization.

Essential security and compliance items

Encryption: TLS 1.2/1.3; AES-256

Authentication: Multi-factor or credential analysis

Audit trail: Timestamps, IP, signer actions

Retention: Journal and recordings retained

Compliance: ESIGN, UETA, 21 CFR Part 11

HIPAA support: BAA required for PHI

Step-by-step: Completing a Notarization Agreement

Follow these steps in order to prepare, verify, notarize, and store the signed document to reduce risk and meet legal requirements.

01

Prepare document: Include full parties, notarization clause, fee terms.
02

Verify identity: Request government ID or use KBA/credential analysis.
03

Notary acts: Notary completes acknowledgement or jurat and signs.
04

Retention: Store signed copy and notary records per law.

Common preparation pitfalls to avoid

Using abbreviations or initials for legal names that do not match government-issued identity documents, causing refusals.
Failing to state whether RON is permitted; remote sessions without explicit consent can be invalid under state law.
Neglecting to allocate fees and travel costs, creating unpaid-bill disputes after execution.
Omitting a clear retention period for notary journals or recordings, risking noncompliance with state retention mandates.

Key risks and potential consequences

Invalid Notarization: Document may be voidable

Perjury Exposure: False statements risk prosecution

Fee Disputes: Unpaid costs and litigation

Regulatory Fines: State notary penalties

Commission Revocation: Notary license loss possible

Record Retention Failures: Legal admissibility impaired

How notarization workflows typically progress

Standard workflows define roles, authentication, signing order, and evidence capture to create an admissible notarized record.

Upload: Sender uploads document and places fields.
Assign notary: Designate a commissioned notary or RON provider.
Authenticate: Signer completes ID verification step.
Complete notarization: Notary signs, seals, and records the act.

Configuring an online notarization workflow

Set these fields and system behaviors when enabling digital notarization to ensure clarity and compliance.

Field	Configuration
Identity Verification	KBA or credential analysis required
Authentication	SMS or email code plus ID check
Recording Retention	Retain audio-video per state law
Notary Certificate	Embed completed notary block automatically

Technical and integration considerations

Confirm supported formats, authentication methods, and retention capabilities before choosing an online notarization flow.

File formats: PDF, DOCX, HTML supported
Integrations: Salesforce, NetSuite, Google Workspace
Recording: Secure audio-video storage required

Ensure the platform can export tamper-evident signed PDFs, produce detailed audit trails, and meet any industry-specific compliance such as HIPAA or 21 CFR Part 11.

Core elements to include in a professional Notarization Agreement

A complete agreement makes the notarization method explicit, records signer identity procedures, assigns fee responsibility, and preserves evidence necessary for acceptance by courts, title companies, or regulators.

Notarization Clause

Specify whether notarization is required, whether RON is permitted, and which party arranges and pays for the notary session; clarify applicable state law for interpretation and any authentication standards required.

Identity Proofing

Describe acceptable identity documents, use of credential analysis or knowledge-based authentication, and any third-party verification vendor requirements to ensure the notary can lawfully act.

Notary Certificate

Provide the exact form of the notary acknowledgement or jurat, including venue line, notary signature block, commission number, and expiration date to ensure recorder acceptance.

Fee Terms

Allocate notary, travel, and session fees; include provisions for fee caps, invoicing, and reimbursement to avoid post-execution disputes.

Record Retention

State retention obligations for notary journals and RON audio-video recordings and who is responsible for storage and production on request.

Dispute Resolution

Include governing law, venue, and process for resolving challenges to notarization validity, plus provisions for re-execution if a notarization is rejected.

Key timing and processing expectations

Certain notarization-related actions have statutory or practical timelines; plan sessions and retention accordingly to avoid enforcement or filing delays.

Effective Date Entry:

Enter MM/DD/YYYY; controls when obligations begin

Notary Journal Retention:

State rules often require 5–10 years retention

RON Recording Retention:

Audio-video often retained 5–10 years

Tax Form Timing:

Provide notarized tax affidavits as requested promptly

Re-execution Window:

Address timeframe to correct or re-notarize errors

Milestones from preparation to final storage

Track these numbered stages to ensure a notarization event is valid, admissible, and properly archived.

01

Document Preparation

Draft agreement and notarization clause; confirm parties and fields.

02

Identity Verification Stage

Signer completes ID checks before the notary signs.

03

Notarization Event

Notary performs acknowledgement or jurat and records session.

04

Archival and Access

Store signed document and records; enable retrieval for audits.

eSignature vendor comparison for notarization workflows

Pricing and core features relevant to notarization and eSigning. Confirm plan details and RON support with each vendor before implementation.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial	Varies by plan	Varies by plan	Varies by plan	Varies by plan
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No
Envelope Cap	No cap	100 envelopes/user/year	Varies	Varies	Varies

Frequently asked questions about Notarization Agreements

Answers to common questions about validity, RON, identity proofing, and recordkeeping when executing a Notarization Agreement.

Need help? Contact support

Are electronically notarized documents valid?
Yes in most jurisdictions when requirements are met: ESIGN (15 U.S.C. ch. 96) and state UETA/ESRA frameworks recognize e-signatures; RON requires compliance with state notary laws including identity proofing and any mandated audio‑video recording.
What identity verification is sufficient?
Acceptable methods include government-issued ID inspection, credential analysis, or knowledge-based authentication where allowed. State notary rules determine minimum standards; RON commonly requires multi-factor authentication and credential vendors.
Can I use RON across state lines?
Interstate validity depends on the receiving jurisdiction and applicable law. ESIGN governs interstate electronic commerce, but states differ on accepting out-of-state RON; verify the recipient state's rules before relying on RON-only notarization.
What if the signer's name doesn't match ID?
A name mismatch can cause a notary to refuse or render the notarization voidable. Resolve discrepancies before the session by updating identification or adding an affidavit explaining aliases or recent name changes.
Who stores the RON recording and for how long?
Retention responsibilities should be stated in the agreement. Many states require 5–10 years of retention for audio-video RON recordings; check the state notary statute for the specific retention period.
When should I consult counsel?
Consult an attorney for cross-jurisdictional notarizations, estate or will matters (often excluded), complex real estate closings, or when statutory exceptions to e-signature validity may apply.

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